Akcine Bendore Bankas Snoras v Yampolskaya

Akcine Bendore Bankas Snoras v Yampolskaya

The applicant's failure to file the appeal bundle was a serious and significant breach of procedural rules in the context of registration of foreign judgments, where expeditious and automatic process is required. The explanation for default—failure to read documents and reliance on her husband—was not satisfactory given her resources and access to advice. The merits of the Lithuanian judgments are not relevant to the relief application. Relief from sanctions is therefore refused.

Parties
Claimant/respondent: AKCINĖ BENDORÉ BANKAS SNORAS (In Bankruptcy); First Defendant: Mr. Vladimir Alexandrovich Antonov; Second Defendant/applicant: Mrs. Olga Yampolskaya
Jurisdiction
England and Wales
Judgment Date
02 July 2015
Procedural Posture
Application for Relief Against Sanctions / Judgment on Application for Relief Against Sanctions Under CPR 3.9
Outcome
Application for relief against sanction refused
Legal Topics
Relief From Sanctions, Registration of Foreign Judgments, Procedural Default, Council Regulation 44/2001, Appeal Procedure
Civil Procedure Private International Law Bankruptcy Relief From Sanctions Registration of Foreign Judgments Procedural Default Council Regulation 44/2001 Appeal Procedure

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Parties

AKCINĖ BENDORÉ BANKAS SNORAS (In Bankruptcy)

Claimant/respondent

Mr. Vladimir Alexandrovich Antonov

First Defendant

Mrs. Olga Yampolskaya

Second Defendant/applicant

Procedural Posture

Application for Relief Against Sanctions / Judgment on Application for Relief Against Sanctions Under CPR 3.9

Legal Issues

  1. 1 Whether relief from sanctions should be granted for failure to file an appeal bundle on time in registration of foreign judgments proceedings
  2. 2 Whether the default was serious and significant under the Denton test
  3. 3 Whether the applicant's explanation for default was satisfactory

Ratio Decidendi

The applicant's failure to file the appeal bundle was a serious and significant breach of procedural rules in the context of registration of foreign judgments, where expeditious and automatic process is required. The explanation for default—failure to read documents and reliance on her husband—was not satisfactory given her resources and access to advice. The merits of the Lithuanian judgments are not relevant to the relief application. Relief from sanctions is therefore refused.

Court Disposition

Application for relief against sanction refused

Orders

  • Application for relief against sanction is dismissed